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| | | | | | Provider of social housing |
| | | | | | | | | | | | | | | Registered provider of social housing |
| | | 5 | | | | | | | The Regulator of Social Housing |
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240 | Consequential amendments |
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In secondary legislation made before the commencement of this Part a |
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reference to registered social landlords shall be treated as including a reference |
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to registered providers of social housing. |
| |
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(1) | The regulator shall include in the register under section 108 on its |
| 20 |
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(a) | who was registered under section 1 of the Housing Act 1996 (c. 52) |
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(register of social landlords) immediately before section 63 came into |
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(b) | in relation to whom the Relevant Authority was the Housing |
| 25 |
Corporation (in accordance with section 56 of that Act). |
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(2) | A person registered under this section shall be designated (initially) as a non- |
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Sustainability certificates |
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242 | Certificates for new homes |
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(1) | A person who is selling a residential property as a new property must supply |
| |
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(a) | a sustainability certificate, or |
| |
(b) | a written statement to the effect that there is no sustainability certificate |
| 10 |
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(2) | If the seller is to supply a sustainability certificate, the seller must supply it |
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before the sale is agreed if it is reasonably practicable to do so. |
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(3) | If it is not reasonably practicable to do so, the seller must— |
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(a) | supply an interim certificate before the sale is agreed, and |
| 15 |
(b) | supply the sustainability certificate at such time, or within such period, |
| |
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(4) | If the seller is to supply a statement, the seller must supply it before the sale is |
| |
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(5) | The appropriate national authority may by regulations require sellers to |
| 20 |
supply certificates or statements to purchasers earlier than required by |
| |
subsection (2), (3)(a) or (4). |
| |
(6) | The appropriate national authority may by regulations provide for exceptions |
| |
from any duty imposed by virtue of subsections (1) to (5) in such cases and |
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circumstances, and to such extent, as may be specified in the regulations. |
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(7) | Regulations under subsection (6) may impose alternative duties in relation to |
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the supply of certificates or statements. |
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(8) | The seller is not required to comply with a requirement imposed by virtue of |
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this section if the seller has a reasonable excuse for not complying with the |
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(9) | The seller may not charge for supplying a certificate or statement by virtue of |
| |
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(10) | The power conferred by subsection (3)(b) may, in particular, be exercised so as |
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to prescribe a time, or a period which ends, after the completion of the sale. |
| |
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“interim certificate” means a document which— |
| |
(a) | contains an interim assessment of the sustainability of a |
| |
residential property, and |
| |
(b) | complies with the requirements of regulations under this |
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| 40 |
|
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|
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|
“sustainability certificate” means a document which— |
| |
(a) | contains a final assessment of the sustainability of a residential |
| |
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(b) | complies with the requirements of regulations under this |
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| 5 |
243 | Meaning of sustainability |
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(1) | For the purposes of this Chapter the sustainability of a residential property |
| |
relates to the extent to which— |
| |
(a) | the materials used in the property, |
| |
(b) | other aspects of the design and construction of the property, and |
| 10 |
(c) | any services, fittings and equipment provided in, or in connection with, |
| |
| |
| meet any sustainability standards. |
| |
(2) | Sustainability standards are standards prescribed by the appropriate national |
| |
authority for any of the following purposes— |
| 15 |
(a) | ensuring the health, safety, welfare and convenience of persons in or |
| |
about the property and of others who may be affected by the property |
| |
or matters connected with it, |
| |
(b) | furthering the efficient management of the property and of its |
| |
| 20 |
(c) | furthering energy efficiency, |
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(d) | furthering the efficient use of water and minimising flood risk, |
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(e) | furthering efficient waste management, |
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(f) | furthering the protection or enhancement of the environment, and |
| |
(g) | furthering the prevention or detection of crime. |
| 25 |
(3) | The appropriate national authority may by regulations amend subsection (2) |
| |
so as to add, remove or alter purposes for the time being contained there. |
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(4) | The references in this section to the construction of the property include |
| |
references to any related demolition and any off-site activities relating to the |
| |
construction or demolition. |
| 30 |
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(1) | The assessment of the sustainability of a residential property is to be carried |
| |
out for the purposes of this Chapter by an authorised assessor. |
| |
(2) | The appropriate national authority may by regulations make provision about |
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(3) | The regulations must specify the persons or descriptions of persons who are to |
| |
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(4) | Subsections (5) to (9) apply if regulations under subsection (2) provide for |
| |
authorised assessors to be persons accredited under an approved accreditation |
| |
| 40 |
(5) | The regulations may make provision about accreditation schemes. |
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(6) | The regulations may, in particular, provide for— |
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|
| |
|
(a) | the approval by the appropriate national authority of one or more |
| |
accreditation schemes (whether established by the appropriate national |
| |
authority or another person), |
| |
(b) | the withdrawal by the appropriate national authority of any such |
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| 5 |
(c) | the charging of fees under accreditation schemes. |
| |
(7) | Any regulations of the kind mentioned in subsection (6)(a) must require the |
| |
appropriate national authority to be satisfied, before approving an |
| |
accreditation scheme, that the scheme contains appropriate provision— |
| |
(a) | for ensuring that members of the scheme are fit and proper persons |
| 10 |
who are qualified (by their education, training and experience) to carry |
| |
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(b) | for ensuring that a code of conduct for members of the scheme is |
| |
maintained and published, |
| |
(c) | for ensuring that members of the scheme have in force suitable |
| 15 |
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(d) | for facilitating the resolution of complaints against members of the |
| |
| |
(e) | for requiring certificates or other documents given by members of the |
| |
scheme to be entered on a register under section 245, |
| 20 |
(f) | for the keeping of a public register of the members of the scheme, and |
| |
(g) | for such other purposes as may be specified in the regulations. |
| |
(8) | Subsection (7) does not limit the matters which the regulations may require the |
| |
appropriate national authority to be satisfied about before approving an |
| |
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(9) | Regulations under subsection (5) may, in particular, require or authorise an |
| |
approved accreditation scheme to contain provision about any matter relating |
| |
to sustainability certificates or other documents with which the scheme is |
| |
concerned (including the terms on which members of the scheme may |
| |
undertake to produce such documents). |
| 30 |
245 | Register of certificates |
| |
(1) | The appropriate national authority may by regulations make provision about |
| |
a register of sustainability certificates. |
| |
(2) | The regulations may, in particular, make provision of the kind mentioned in |
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(3) | The regulations may provide for a register to be kept— |
| |
(a) | by (or on behalf of) the appropriate national authority, or |
| |
(b) | by such other person as the regulations may specify or describe. |
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(4) | The regulations may require a person wishing to enter a document onto a register to |
| |
pay such fee as may be prescribed. |
| 40 |
(5) | No person may disclose— |
| |
(a) | a register or any document (or part of a document) contained in it, or |
| |
(b) | any information contained in, or derived from, a register, |
| |
| except in accordance with any provision of the regulations which authorises or |
| |
requires such a disclosure to be made. |
| 45 |
|
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(6) | The regulations may make provision as to circumstances in which, or purposes |
| |
for which, a person or a person of a prescribed description— |
| |
(a) | may (on payment of such fee, if any, as may be prescribed)— |
| |
(i) | inspect a register or any document (or part of a document) |
| |
| 5 |
(ii) | take or be given copies of a register or any document (or part of |
| |
a document) contained in it, or |
| |
(iii) | be given information contained in, or derived from, a register, |
| |
| |
(b) | may disclose anything obtained by virtue of provision made under |
| 10 |
| |
(7) | The purposes which may be so prescribed may be public purposes or purposes |
| |
of private undertakings or other persons. |
| |
(8) | A person who contravenes subsection (5) is guilty of an offence and liable on |
| |
summary conviction to a fine not exceeding level 5 on the standard scale. |
| 15 |
(9) | The appropriate national authority may by regulations provide for interim |
| |
certificates or other documents to be included on a register. |
| |
(10) | In such a case, subsections (1) to (8) apply in relation to the interim certificates |
| |
or other documents concerned as they apply in relation to sustainability |
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| 20 |
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246 | Enforcement authorities |
| |
(1) | Every local weights and measures authority is an enforcement authority for the |
| |
purposes of this Chapter. |
| |
(2) | It is the duty of each enforcement authority to enforce in its area the duties |
| 25 |
imposed by virtue of section 242. |
| |
247 | Power to require production of certificates or statements |
| |
(1) | Subsection (2) applies if an authorised officer of an enforcement authority |
| |
believes that a person is, or has been, subject to a duty imposed by virtue of |
| |
section 242 to supply a certificate or statement in relation to a particular |
| 30 |
| |
(2) | The officer may require the person to produce for inspection a copy of the |
| |
certificate or statement. |
| |
(3) | The power conferred by subsection (2) includes power— |
| |
(a) | to require the production of a legible hard copy of any certificate or |
| 35 |
statement which is held in electronic form, and |
| |
(b) | to take copies of any hard copy produced for inspection. |
| |
(4) | A requirement under this section may not be imposed more than 6 months |
| |
after the last day for supplying the certificate or statement concerned in |
| |
pursuance of the duty imposed by virtue of section 242. |
| 40 |
(5) | A person is not required to comply with a requirement under this section if the |
| |
person has a reasonable excuse for not complying with the requirement. |
| |
|
| |
|
| |
|
(6) | Subject to this, a person subject to such a requirement must comply with it |
| |
within the period of 7 days beginning with the day after that on which it is |
| |
| |
248 | Penalty charge notices |
| |
(1) | An authorised officer of an enforcement authority may give a penalty charge |
| 5 |
notice to a person if the officer believes that the person has committed a breach |
| |
| |
(a) | any duty imposed by virtue of section 242, or |
| |
(b) | any duty under section 247. |
| |
(2) | A penalty charge notice may not be given after the end of the period of 6 |
| 10 |
months beginning with the day (or, in the case of a continuing breach, the last |
| |
day) on which the breach of duty was committed. |
| |
(3) | Schedule 8 (which makes further provision about penalty charge notices) has |
| |
| |
249 | Offences relating to enforcement officers |
| 15 |
(1) | A person who, without reasonable excuse, obstructs an officer of an |
| |
enforcement authority who is acting in pursuance of duties imposed by virtue |
| |
of this Chapter is guilty of an offence. |
| |
(2) | A person who, not being an authorised officer of an enforcement authority, |
| |
purports to act as such in pursuance of section 247 or 248 is guilty of an offence. |
| 20 |
(3) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
| |
| |
(1) | The appropriate national authority may make grants towards expenditure incurred by |
| 25 |
any person in connection with the development of proposals for, or the operation of— |
| |
(a) | a register under section 245, or |
| |
(b) | accreditation schemes or any other provision which may be made by |
| |
regulations under this Chapter. |
| |
(2) | A grant under this section may be made on conditions, which may include |
| 30 |
| |
(a) | conditions as to the purposes for which the grant or any part of it may |
| |
| |
(b) | conditions requiring the repayment (with or without interest) of the |
| |
grant or any part of it in such circumstances as may be specified in the |
| 35 |
| |
| |
(1) | The appropriate national authority may by regulations suspend (or later |
| |
revive) the operation of any duty imposed by virtue of section 242. |
| |
|
| |
|
| |
|
(2) | Such regulations may provide for the suspension of a duty to take effect only |
| |
for a period specified in the regulations. |
| |
(3) | A duty which is (or is to any extent) revived after being suspended may be |
| |
| |
252 | Disclosure of certificates etc. |
| 5 |
(1) | The appropriate national authority may by regulations make provision about |
| |
| |
(a) | sustainability certificates, interim certificates or statements of the kind |
| |
mentioned in section 242(1)(b), |
| |
(b) | copies of any such documents, |
| 10 |
(c) | any information contained in, or derived from, any such documents or |
| |
| |
(d) | any information collected by an authorised assessor for the purposes of |
| |
preparing a sustainability certificate or an interim certificate. |
| |
(2) | A person who, without reasonable excuse, discloses anything whose |
| 15 |
disclosure is prohibited by regulations under subsection (1) is guilty of an |
| |
offence and liable on summary conviction to a fine not exceeding level 5 on the |
| |
| |
253 | General powers to make regulations |
| |
(1) | The appropriate national authority may by regulations make such provision as |
| 20 |
the authority considers appropriate— |
| |
(a) | for the general purposes, or any particular purpose, of this Chapter, |
| |
(b) | in consequence of any provision made by virtue of this Chapter or for |
| |
giving full effect to it. |
| |
(2) | Such regulations may, in particular, provide for— |
| 25 |
(a) | the form and content of sustainability certificates and interim |
| |
| |
(b) | the form and content of written statements of the kind mentioned in |
| |
| |
(c) | ways in which sustainability standards may be met, |
| 30 |
(d) | the issue of guidance for the purposes of this Chapter, |
| |
(e) | the relationship between any provision made by virtue of this Chapter |
| |
and any provision made by virtue of Part 5 of the Housing Act 2004 |
| |
(c. 34) (home information packs) or in relation to energy performance |
| |
| 35 |
(3) | Regulations made by virtue of subsection (2)(a) or (b) may, in particular, |
| |
provide for the form or content of the documents concerned to be such as may |
| |
be approved by the appropriate national authority. |
| |
(4) | In subsection (2)(e) “energy performance certificate” has the same meaning as |
| |
in the Energy Performance of Buildings (Certificates and Inspections) (England |
| 40 |
and Wales) Regulations 2007 (S.I. 2007/991) (see regulation 2(1)) or any |
| |
corresponding subsequent regulations. |
| |
|
| |
|